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HomeMy WebLinkAbout09/17/2013' MINUTES CITY OF SAN LUIS OBISPO SPECIAL AND JOINT CITY COUNCIL AND CAPITAL IMPROVEMENT BOARD MEETING OF THE CITY COUNCIL Tuesday, September 17, 2013 Special Meeting — 5:00 P.M. Joint City Council & Capital Improvement Board Meeting — 6:00 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California ROLL CALL: .Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Carlyn Christianson, Vice Mayor Kathy Smith, and Mayor Jan Manx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Interim City Clerk Sheryll Schroeder were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CLOSED SESSION CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code § 54956.8 Property: APN 002 -421 -018 Property Owner Negotiator: Quaglino Properties City of San Luis Obispo Negotiators: Katie Lichtig, J. Christine Dietrick, Michael Codron, Lee Johnson Negotiations: Provide direction to City negotiators regarding price and terms of payment PUBLIC COMMENT ON CLOSED SESSION ITEM: City Attorney Dietrick called for public comment. Carol Florence and Matt Quaglino spoke regarding the property. 1 ---end of public comments --- City Council Meeting Minutes Page 2 Tuesday, September 17, 2013 Adjourn to Regular Joint Meeting of September 17, 2013 PLEDGE OF ALLEGIANCE Council Member Carpenter led the Pledge of Allegiance. REPORT FROM CLOSED SESSION City Attorney Diet-rick reported that Council provided direction for terms for the purchase of parking lot 10 at.the corner of 640 Higuera St. INTRODUCTIONS AND PRESENTATIONS BADGING CEREMONY AND OATH OF OFFICE FOR FIRE CHIEF GARRET OLSON. — (LICHTIG /GESELL —10 MINUTES) Mayor Marx announced the appointment of new Fire Chief Garret Olson. City Manager Lichti explained the Oath of Office would be administered by the Chief of Police, Steve Gesell. PROCLAMATION — ENERGY AWARENESS MONTH, OCTOBER 2013. — (MARX — 5 MINUTES) Stacey White with the Central Coast Chapter of the US Green Building Council and Cheryl Cochran from the County accepted the proclamation. PROCLAMATION - RIDESHARE MONTH. — (MARX — 5 MINUTES) Mayor Marx read the proclamation which will be presented at a later date to SLOCOG. PUBLIC COMMENT Dia Hurd, San Luis Obispo spoke about her concerns with the increase in students at Cal Poly and about the park at 3725 Orcutt. Jacki Williams, San Luis Obispo addressed short term rentals in the City. Gregg Menges, San Luis Obispo spoke about short term rentals. Marcia Nelson, San Luis Obispo supported short term owner rentals in San Luis Obispo. City Council Meeting Minutes Tuesday, September 17, 2013 Page 3 Karen Hale, San Luis Obispo spoke about short term housing rentals. Rick Storni, San Luis Obispo reiterated his complaint about continual weekend garage sales. Community Development .Director Johnson explained that there had been a lot of code enforcement activity on the property mentioned and that there would be ongoing enforcement until the City received compliance. Kurt Friedmann, San Luis Obispo asked Council to adopt a resident stay ordinance that would allow short.term rentals. Bob Shanbrom, San Luis Obispo said he did not feel the Council needed to address short term rentals at this time. Don Hederick, San Luis Obispo spoke about the celebration of the constitution and the election process. Will Powers, San Luis Obispo spoke about the right to free speech and his experience with City staff. Michelle Tasself, San Luis Obsipo addressed code enforcement of garage sales and tabout Cal Poly students. Council Member Carpenter asked when the staff would be addressing the short term rental issue and City Manager Lichtiq responsed it would be on the November 12, 2013 agenda. —end of public comments— CONSENT CALENDAR Public Comments On Items On The Consent Calendar Don Hedrick, San Luis Obispo, referring to Item C6, spoke about sky lanterns and chem trails. Steve Barasch, speaking on Item C4, said when there was a public bid, he wanted to make sure it was all inclusive and local firms had an opportunity to bid. City Council Meeting Minutes Page 4 Tuesday, September 17, 2013 Vice Mayor Smith requested Item C5 be pulled for separation action. Vice Mayor Smith asked about the number of ramps constructed in a year. She felt the City should be . constructing more than 30 per year. She added that CDBG funds were used. Public Works Director Grigsby explained that in addition to the CDBG funds used, when the City did an annual paving project, any ramps along the roadway were done with paving funds. He explained that in the Council's transition plan adopted in 1995, first priority was places where no ramps existed; second priority was when a request was received. Council Member Ashbaugh noted that this subject was one that the Local Revenue Advisory Measure Committee could address as a use of general fund revenues. Council Member Carpenter felt if there was community and Council support; it would be handled through the budget and goal setting process. Mayor Marx asked when Council reviewed the CDBG priorities and City Manager Lichtig answered it would be on the October 1, 2013 Council agenda. - -end of public comments— ACTION: Motion by Council Member Ashbaugh /Council Member Carpenter to approve the Consent Calendar, Items C1, as amended, thru C7, minus C5. ' Roll Call Vote: 5 - 0. Motion Carried. C1. MINUTES OF TUESDAY, AUGUST 20, 2013 AND SEPTEMBER 3. 2013. (CODRON /SCHROEDER) RECOMMENDATION: Waive oral reading and approve as amended. ACTION: Approved by Consent Calendar Vote. C2. CENTRAL IRRIGATION CONTROL SYSTEM. (GRIGSBY /BEIGHTS) RECOMMENDATION: 1) Approve the Request for Proposals for the Central Irrigation Control System Replacement, Specification 91211. 2) Authorize staff to solicit proposals and authorize the City Manager to award the contract if the lowest responsible bidder is within the budget of $175,000. ACTION: Approved by Consent Calendar Vote. I City Council Meeting Minutes Page 5 Tuesday, September 17, 2013 C3. STORM DRAIN REPAIRS AT JEFFREY. AND CERRO ROMAULDO, ' SPECIFICATION NO. 91181. (GRIGSBY /GUZMAN) C4. RECOMMENDATION: 1) Approve plans and specifications for the Storm Drain Repairs at Jeffrey and Cerro Romauldo Project, Specification No. 91181. 2) Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid for the Storm Drain Repairs at Jeffrey and Cerro Romauldo Project is within the Engineer's Estimate of $252,000. ACTION: Approved by Consent Calendar Vote. HIGHWAY 101 INTERCHANGE PROJECT, SPECIFICATION NO. 99821. (GRIGSBY /ROWLAND) RECOMMENDATION: 1) Approve the Request for Proposals for the Los Osos Valley Road - Highway 101 Interchange Project, Specification No. 99821. 2) Authorize staff to advertise for project management proposals. 3) Authorize the City Manager to award a contract up to $100,000 for Project Management services, and execute a contract amendment up to $1,300,000 when construction is approved and funding becomes available for the construction management phase. ' ACTION: Approved by Consent Calendar Vote. C5. CDBG CURB RAMP 2013, SPECIFICATION NO. 91187. (GRIGSBY /GUZMAN) RECOMMENDATION: 1) Approve plans and specifications for the CDBG Curb Ramp 2013 Project, Specification No. 91187. 2) Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's Estimate of $117,000. Item C5 Pulled ACTION: Motion by Vice .Mayor Smith/Council Member Christianson to approve item C5. Roll Call Vote: 5 - 0. Motion Carried. C6. ADOPTION OF ORDINANCE NO. 1593 PROHIBITING THE USE OF "SKY LANTERNS ". (OLSON/MAGGIO) RECOMMENDATION: Adopt Ordinance No. 1593 (2013 Series). ACTION: Approved by Consent Calendar Vote. City Council Meeting Minutes Page 6 Tuesday, September 17, 2013 C7. WATER RECLAMATION FACILITY DIGESTER 2 CLEANING, SPECIFICATION No. 91199. (GRIGSBY /MCGUIRE) RECOMMENDATION: Award a contract to JND Thomas Co. Inc. in the amount of $101,963 for the Water Reclamation Facility Digester 2 Cleaning, Specification No. 91199. ACTION: Approved by Consent Calendar Vote. PUBLIC HEARINGS AND BUSINESS ITEMS PHI. SOUTH BROAD STREET AREA PLAN. (JOHNSON /DAVID) Community Development Director Derek Johnson and Associate Planner James David presented the report and responded to Council questions. Council Member Ashbaugh asked why the former San Luis Garbarge Company site was not included. Planner David responded that if Council concurred, it could be added. Vice Mayor Smith noted that Council had a previous study session on form based codes and she recalled that Council felt it was viable in areas that were undeveloped. She wondered why it was being proposed in this location that is developed. Mayor Marx said she recalled the Council was split on that issue. Community Development Director Johnson explained that there were sucessful plans that worked in current development in existing built areas. Council Member Carpenter asked the City Attorney to explain the process the Council should have folllowed when this item was before them in March and did not receive a majority vote. He also asked what alternatives the Council had this evening other than continuance. He asked her to address when staff and the Mayor recognized and discussed that the policy had not been adheard to. City Attorney Dietrick explained the alternatives available this date were the alternatives that would have been available during the prior consideration. Regarding the alternatives available this evening, she expressed the full array are available to the Council.this date. This was a reagendized matter that was not handled pursuant to the Council Policies and Procedures. She said it was during the course of researching Council's alternatives that it was discovered that the prior actions had not been handled in accordance with the Council Policy and Procedure. It was shortly thereafter that the Mayor inquired whether the matter could be brought back to the agenda. City Council Meeting Minutes Page 7 Tuesday, September 17, 2013 1 Council Member Carpenter asked that prior to having five members on Council, was anyone aware that the Council was in non - compliance on how they handled that situation. City Attorney Dietrick responded that prior to having five members on Council, that was correct. Council Member Carpenter asked if staff and the Mayor was aware of it. He added that the item could have been brought back, a correction could have been done by bringing the four back prior to the installation of the fifth Council Member. City Attorney Dietrick responded that that was correct. The issue was not raised as a matter that the Council would wish to bring back to handle differently until after a fifth Council Member was seated. Mayor Marx recalled that Council decided to take all items where they had come to a standstill and had not handled it according to the policy and procedures and reagendize all of them. City Attorney Dietrick said that was her recommendation when the Mayor raised the issue. She added that the Council also had the right to change it's policies. ' Council Member Ashbaugh said the plan before Council now was different from the one considered in March. Mayor Marx opened the public hearing. Public Comments Ken Litzinger, representing the Housing Authority, spoke of the Authority's support of the area plan. Russ Kimmell, San Luis Obispo urged Council to not approve the plan as drafted. He said the zoning change to his property would prevent him from expanding his business on an adjacent parcel. He added that if Council approved the plan, he requested removal of the commercial /retail element of Victoria. Erik Rheinisch, San Luis Obispo encouraged the City to protect and establish more manufacturing zones. Michael Draze, San Luis Obispo spoke as Chairman of the Planning Commission, noted that on August 14, 2013, Planning Commission unanimously strongly endorsed the t inclusion of the Broad Street Area Plan with deletion of the McMillian /Duncan area and City Council Meeting Minutes Page 8 Tuesday, September 17, 2013 changes to the nonconforming uses brought forward by staff to be part of the LUCE update. Doug Highland, San Luis Obispo voiced support for the current South Broad Street Area Plan and its inclusion in the LUCE update process. Speaking for the neighborhood, they would like something done about the traffic. Carl Lea, said he owned commercial property at the corner of Victoria and Francis. He explained that the report said "the area plan changes to allow land uses help foster the neighborhood vision that is desired by property owners and residents ", was untrue. He felt it was a "taking" by dropping his zoning down where he could not expand his business. Michelle Tasself, spoke about individuals that have blue collar businesses that might be affected. She asked Council not to adopt, but re -evaluate what effect it would have on the Broad Street residents and businesses. Donald Hedrick, spoke about attending Planning Commission meetings and citizen input rights. Stacey White, said she participated in the focus group and the neighborhood supports form based codes, increased density, mixed use, pedestrian and bicycle friendly circulation. 1 Will Powers, San Luis Obispo said the Broad Street area needed traffic improvement and wondered where the support for the plan was. Dia Hurd, San Luis Obispo expressed concern with losing a local business located at Caudill and Victoria and adding housing and more cars. Planner David explained that land use would be allowed in the proposed zoning. Steve Delmar ini, San Luis Obispo said the lack of expansion was an unfair restriction to not allow someone to purchase an adjacent lot and expand their business, he felt that it was a "taking ". He wondered how the plan would increase affordable housing. Eric Meyer, San Luis Obispo noted he agreed with previous speakers with respect to being allowed to expand their businesses. He requested an amendment to allow all of the eleven existing non - conforming uses to buy adjacent lots and expand if needed. Steve Barasch, San Luis Obispo expressed that he disagreed with a form based code, preferring an urban village design scheme. He said one of the unanticipated short term impacts was the leakage of sales tax out of the city. He felt there needed to be an economic analysis of the sales tax gains, both short and long term, and losses. He I suggested a five year speck plan update. City Council Meeting Minutes Page 9 Tuesday, September 17, 2013 1 Mayor Marx closed the public hearing and asked the City Clerk if there were any written statements. The resonse was receipt of several agenda correspondences. --end of public comments— At 8:16 PM, Council recessed for a short break and at 8:25 PM all Council Members in attendance returned. Mayor Marx asked the City Attorney to clarify what a "yes" vote would mean and City Attorney Dietrick responed that a yes vote would mean the inclusion of the plan into the LUCE update. Council Member Ashbaugh expressed his support of the plan, with a possible modification to add the property occupied by San Luis Garbage Company. Vice Mayor Smith voiced her concern with form based codes, that it was missing humanity and diversity. She also noted concern about the people who own businesses there and feel that this was a "taking ".. She said that she would not support plan. Council Member Carpenter said that it appeared that everyone agreeed about the improvements on Broad Street. His largest concern was that existing busineses would be squeezed out, that it was taking their rights away. He added that form based codes took away individual creativity in architectural designs, that it had not been adopted by many cities. Where it was in place, he informed, was used as an option, on new development. He flet the best way to move forward was with Broad Street improvements, remove the rezone and move forward with Broad Street improvements. Council Member Christianson said she would like to see a re- examination of the retail zone. She also wished to have added back in, incentives and assistance for non- conforming uses. The approval this date would have LUCE look at it as part of an entire picture. She expressed that form based codes could be well applied and make things clear to developers and land owners and she would support the resolution. Mayor Marx said she agreed with Council Member Ashbaugh about the findings and referring it to the LUCE Committee. She said that form based codes define public space first and that would be a plus and she did not feel the zoning was a taking. Mayor Manx requested that when the fiscal consideration (one of the three reasons to include this in the LUCE update) was applied to this project, that they look at the question of businesses that wished to expand. She indicated she would support the recommendation. Council Member Carpenter explained that when you take away a right to expand a business, it was a taking, not in the legal sense. He said the eleven non - conforming businesses would have their property values lowered. He suggested waiting six months, there was no rush to get it into the LUCE update. 1 City Council Meeting Minutes Tuesday, September 17, 2013 Page 10 ACTION: Motion by Council Member Christianson /Council Member Ashbaugh to adopt a Resolution No. 10460 to include the South Broad Street Area Plan in the Land Use and Circulation Element update process for further study. Roll Call Vote: 3 — 2, Council Member CarpenterNice Mayor Smith opposed. Motion Carried. B1. DISCUSS AND CONSIDER CREATING A COUNCIL COMPENSATION COMMITTEE FOR 2014. (CODRON /SCHROEDER — 20 MINUTES) Assistant City Manager Michael Codron and Interim City Clerk Sheryll Schroeder presented the report and responded to Council questions. Public Comments Donald Hederick, San Luis Obispo said Council and Commissions were not paid enough to keep their focus on honesty. ---end of public comments- It was the consensus of Council Members to create the Council Compensation Committee to review Council and Planning Commission and Architectural Review Commission's compensation. City Manager Lichtig added that it would be staff driven effort with Human Resources and the City Clerk. ACTION: Motion by Council Member Ashbaugh/Vice Mayor Smith to create a Council Compensation Committee for 2014, which would: 1) Review the full Council compensation package and make recommendations to the City Council no later than May 1, 2014; and 2) Review compensation for Planning Commission and Architectural Review Commission members in conjunction with its review of Council compensation. Roll Call Vote: 5 — 0. Motion Carried. 62. MEETING OF THE CAPITAL IMPROVEMENT BOARD TO APPROVE MINUTES, ELECT THE BOARD PRESIDENT AND VICE PRESIDENT AND APPROVE FINANCING IN THE AMOUNT OF $7,479,000 TO PAY FOR — 20 MINUTES) 1 City Council Meeting Minutes Tuesday, September 17, 2013 Page 11 1 Director of Finance & Information Technology Wayne Padilla, presented the report and responded to Council questions. Director of Finance Padilla noted that staff was still working through the qualifications and documents for new 15 year financing which were not completed at this time. He said he anticipated that the final documentation maybe ready as early as October 1, 2013. He requested the Board consider continuing the item to a date uncertain. None. Public Comments —end of public comments - -- ACTION: Motion by Board Member Ashbaugh/ Board Member Christianson to 1) approve the Mayor as President and Vice Mayor as Vice President of the Capital Improvement Board. Roll Call Vote: 5 – 0. Motion Carved. ACTION: Motion by Board Member AshbaughNice President Smith to approve the minutes of the Capital Improvement Board meeting held on May 8, 2012, 1 Roll Call Vote: 5 - 0. Motion Carried. ACTION: Motion by Board Member AshbaughlBoard Member Christianson to continue the financing costs associated with energy improvements for the water reclamation facility to a date uncertain. Roll call Vote: 5- 0. Motion Carried. B3. WATER RECLAMATION FACILITY ENERGY EFFICIENCY PROJECT – FINANCING. (PADILLA/MATTINGLY – 20 MINUTES) None. Public Comments ---end of public comments— ACTION: Motion by Board Member Christianson/ Vice President Smith to to continue to a date uncertain approval of documents and actions related to the private placement financing of the Water Reclamation Facility Energy Efficiency Project. 1 Roll call Vote: 5- 0. Motion Carried City Council Meeting Minutes Page 12 Tuesday, September 17, 2013 COUNCIL LIAISON REPORTS AND COMMUNICATIONS Liaison Reports: The following reports were received by: Mayor Marx, Vice Mayor Smith, Council Members Ashbaugh and Christianson. Communications: None. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 9:23 p.m. eryll Sc roeder, MMC Interim City Clerk APPROVED BY COUNCIL: October 1, 2013 J